Internal Revenue Code

(IRC)

Guam and the Virgin Islands tax systems mirror the IRC,
that is, all provisions of the IRC are applied to them.
Each
time a change in the tax code occurs, it has a potential financlal

impact

on

these

territories,

For

example,

the

Virgin

Islands reported a potential loss of about $13 million in fiscal
year 1982 and an estimated $25 million in fiscal year 1983 due
to changes

in federal

tax rates and regulations.

Guam business

officials reported in 1982 that the mirror tax system has "sad-

dled Guam with an overly complex, inadequate revenue generating
capacity which imposes non-competitive tax rates which hinder
efforts to attract foreign and U.S. corporations to Guam."
They
believe the IRC places Guam at competitive disadvantage with
Pacific-Asian neighbors with lower tax rates, and that Guam
should be allowed to adopt its own income tax system.
Similar

concerns were voiced

by NMI

officials,

who believe the IRC

is

inappropriate for their local situation.
The NMI has successfully deferred implementation of IRC provisions until January 1,

1985.

At

the

time of our review,

the

Department

of

Treasury was

studying tax treatment of these territories to develop a mutually satisfactory tax system.

Other problems
A government of Guam Planning Office analysis in

tified

38

different

labor and wages,

tax,

federal

laws

communication,

Guam's economic development.

and

regulations,

and others,

1982 iden-

including

as constraining

Guam and NMI also cited the Clean

Air Act as an example of a federal law which was based on state-

side conditions which are not appropriate for a small island
with prevailing tradewinds.
Guam faced costly decisions to
either burn expensive low sulfur fuel or to install $20-million

scrubbers on its power plants.
After years of arguing its case,
Guam received a temporary exemption from the Clean Air Act under
provisions
of
the
1983
Territory
Omnibus
Act
(Public
Law

98-213).

.

FEDERAL EFFORTS TO
ADDRESS LAW PROBLEMS
In the early 1950s, Congress authorized separate laws commissions fcr Guam and the Virgin Islands to identify federal
laws hampering their development.
Both commissions were shortlived, but’ some law changes resulted from their recommendations.
Since 1980, efforts to remedy problems with federal laws include
in

1980;

32

9006239

;

YE an ot he aR.

--creation of the Northern Mariana Islands Laws Commission

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